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UI need legal advice regarding my recent job termination. I, along with eight other employees, was asked to resign just 3-4 months after joining a startup in Mumbai. All of us were previously working in different companies when this startup reached out, offering better pay and assuring us of job security. Three of us even relocated from different states for this opportunity.
Now, the company has suddenly asked us to resign without any compensation, citing that we were on probation. When we inquired about the reason, they simply stated “company restructuring,” but no other department was affected only ours. Upon further investigation, I found out that the real reason behind our termination was to replace us with lower-paid employees. The salary hikes we received weren’t excessive; for instance, I got a standard 30% hike, which still kept my salary within the market range. Despite this, they removed us and have already hired two replacements at lower salaries.
We are now considering filing a case against the company for bad faith hiring and wrongful termination. I need advice on how to proceed and whether this case has legal standing. Also, we were thinking of filing it in the consumer court is that the right approach, or should we take it elsewhere?
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HReview the terms of your appointment letter to check the duration and conditions of your probation period. If you were still within probation, the company generally has the right to terminate your employment for poor performance. Performance evaluations are subjective, and employers are not typically required to provide extensive proof. However, they cannot legally force you to resign.
That said, if you are within the probation period, it may be more beneficial to resign voluntarily rather than face termination, as this could impact your future job prospects. Focus on securing a new job where you can negotiate a better salary.
From a legal standpoint, you are unlikely to have a strong case against your employer. However, after leaving, you could leave bad reviews for the company if you wish.
Regarding jurisdiction, why do you think this would go to the consumer court???????? Are you a consumer?? 🤔😂 Depending on the nature of your work done by the company and employment terms, the dispute would either fall under the jurisdiction of a labour court or a civil court.
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UThere were no issues with my work, and the company cannot provide any evidence of dissatisfaction because all assigned tasks were completed on time. There was never any formal or informal communication indicating concerns about my performance, nor is there any documentation suggesting that the company was unhappy with my work.
If the company claims otherwise, they would need to provide written proof that I was underperforming in my role. Additionally, it wasn’t just me eight other employees were also let go, including one who reported to me, and I can confirm there were no performance issues. Therefore, performance concerns cannot be the reason for these terminations.
Also I would like to add that all the employees fired were previously working in a comparator company, and we were porched by this company and later fired within 3 – 4 months without any Just reason, It is not a performance issue and I can confirm that because I was working as a manager in that organisation and there was never complaint about work neither anyone ever received any verbal or written warnings.
This looks more like a bad faith hiring.
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MThey can do that in probation.
But they need some issue with your work or performance.which can be easily shown by the company
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UThere were no issues with my work, and the company cannot provide any evidence of dissatisfaction because all assigned tasks were completed on time. There was never any formal or informal communication indicating concerns about my performance, nor is there any documentation suggesting that the company was unhappy with my work.
If the company claims otherwise, they would need to provide written proof that I was underperforming in my role. Additionally, it wasn’t just me eight other employees were also let go, including one who reported to me, and I can confirm there were no performance issues. Therefore, performance concerns cannot be the reason for these terminations.
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